Legal Question in Family Law in New York
Trying to get custody of sibling.
Today I filed for sole custody of my siblings. My father had custody of them but he was removed from the home. He does support my decision to file for custody. I'm getting resistance from my sibling�s mother. We have joint custody, but I received physical custody. I'm trying to keep her a part of the kids lives but she has proved herself to be disruptive to their daily lives i.e. if I make a decision concerning the children and I make that decision with their best interest in mind she will go behind me and reverse it just to be their friend. She brings numerous unsavory men around them. She does and says provocative things in front of the children to these men. She moved in with us hoping that it would make smooth transition for the kids because of my father�s absence. I was wrong thinking she would be a help but she doesn�t help with the costs of the home nor does she help me provide for the children. I only get help from my father and a friend with the children. She�s basically doing the same things that she did before when the kids were taken away from her. My question to you today is do you think that I have a chance of getting custody of my younger siblings?
Thank You
2 Answers from Attorneys
Re: Trying to get custody of sibling.
This is a difficult situation.
The first thing you must do is evict or eject the mother from the home. That must be your #1 priority.
Then you should petition for custody. You may have a very good case under the circumstances you have described.
Re: Trying to get custody of sibling.
If one of your sibs was removed from the care and home of her parent, (for cause) that parent should NOT be living in your home with that child, nor any other, without permission of the Court and the child care agency, with oversight.
Unfortunately, you have described poor judgment that created living circumstances (ie., YOUR decision to house your irresponsible stepmother, that has recreated an unhealthy, dangerous environment, for your sibs), that could affect whether the Court will permit you to retain guardianship of ANY of your sibs, notwithstanding whether they are your sibs, from your stepmother.
You should immediately obtain attorney. If you cannot afford one, the Court will appoint one for you.
You should also, immediately seek removal of your stepmother from your home, by every legal means possible.
Apply for any and every service and resource available to assist you in caring for your sibs. And, enlist the oversight child care agency to aid you in your quest.
Then, after all of that, try to be stoical.
Good luck,
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